Ask Jurishour AI

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
tdb_templates
saswp_reviews
saswp-collections
saswp_rvs_location
tdc-review-email
web-story-font
web-story
googlesitekit_email
tds_locker
tds_email
saswp
mailpoet_page
mailpoet_email
tdcpt_tunes
tdc-review
pronamic_payment
pronamic_gateway
pronamic_pay_subscr
wpcode
HomeDirect TaxAssessment Can’t Be Reopened Merely On The Basis Of Information By Investigation...

Assessment Can’t Be Reopened Merely On The Basis Of Information By Investigation Wing : ITAT

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

The Delhi bench of Income Tax Appellate Tribunal (ITAT) has held that assessment cannot be reopened merely on the basis of information by the investigation wing.

The bench of Vikas Awasthy (Judicial Member) and Naveen Chandra (Accountant Member) has observed that section 147 of the Income Tax Act mandates the Assessing Officer to record reasons to believe that any income chargeable to tax has escaped assessment. It is no more res intigra that borrowed satisfaction for reopening the assessment vitiates reassessment proceedings. 

Background

The CIT(A) has erred in quashing assessment merely on the ground that reasons recorded for reopening the assessment do not indicate independent application of mind by the Assessing Officer (AO). 

Though the initial information was received by the AO from the Additional Director of Investigation Wing, but the AO has also independently applied his mind and has recorded reasons to believe that income in the case of assessee has escaped assessment. 

The department sought to quash findings of the CIT(A) and uphold the validity of assessment proceedings.

Arguments

The department supported the findings of the AO in making disallowance of payments aggregating to Rs.28,00,32,120/- to M/s. Telestar Packaging P. Ltd., and M/s. Alishan Estates Pvt. Ltd.

The assessee contended that a bare perusal of reasons recorded for reopening would show that the AO has not independently applied his mind before recording the reasons for reopening. The assessment has been reopened merely on borrowed information. 

Conclusion

The tribunal held that a plain reading of the reasons recorded by the AO, unambiguously reflect that the AO has reopened the assessment based on the information received from the Investigation Wing of the Department. The “reasons to believe” are not of the AO. The assessment is liable to be quashed on this ground alone. There is no infirmity in the findings of the CIT(A) on this issue. 

Read More: Direct Tax Weekly Flashback: 3 November To 9 November 2024

Case Details

Case Title: ACIT Versus M/s. Sahara Prime City Ltd.

Case No.: ITA No.1301/DEL/2017 (A.Y.2010-11)

Date: 08/11/2024

Counsel For Appellant: Ritu Sharma

Counsel For Respondent: Ajay Vohra

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

Latest articles

Scotch Whisky Duty Dispute: Companies Seek 75% Import Duty as India Examines Bulk Whisky Imports

India’s reduced tariff on Scotch whisky under the India–UK trade agreement has triggered a...

Trump Signs Executive Order to Reduce Mortgage Costs, Expand Housing Affordability in US

US President Donald Trump has signed an executive order directing federal agencies to take...

China Tightens Tax Enforcement on Offshore Trusts, Wealthy Individuals Face Scrutiny Over Overseas Assets

China is stepping up tax enforcement against wealthy individuals holding assets overseas, including investments...

Delhi High Court Rejects AISA President Neha Bora’s Plea Against Peace Bond Notice Over CEC Protest

The Delhi High Court has dismissed a petition filed by All India Students’ Association...

More like this

Scotch Whisky Duty Dispute: Companies Seek 75% Import Duty as India Examines Bulk Whisky Imports

India’s reduced tariff on Scotch whisky under the India–UK trade agreement has triggered a...

Trump Signs Executive Order to Reduce Mortgage Costs, Expand Housing Affordability in US

US President Donald Trump has signed an executive order directing federal agencies to take...

China Tightens Tax Enforcement on Offshore Trusts, Wealthy Individuals Face Scrutiny Over Overseas Assets

China is stepping up tax enforcement against wealthy individuals holding assets overseas, including investments...